Gurdev Singh vs State of Haryana

Mehinder Singh Sullar, J.—Petitioner Gurdev Singh son of Sukha Singh, has preferred the instant petition for the grant of concession of regular bail, invoking the provisions of section 439 Cr.P.C., in a case registered against him along with his other co-accused Bachittar Singh, vide FIR No. 290 dated 28.10.2013, on accusation of having committed an offence punishable u/s 15 of The Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter to be referred as "the NDPS Act"), by the police of Police Station Rai, District Sonepat.

Notice of the petition was issued to the State.

After hearing the learned counsel for the parties, going through the record with their valuable help and considering the entire matter deeply, to my mind, there is no merit in the present petition for regular bail in this respect.

Ex facie the arguments of learned counsel that the car in question did not belong to the father of the petitioner and since he (petitioner) has been falsely implicated in this case, so, he is entitled to the benefit of regular bail, are not only devoid of merit but misplaced as well.

Tersely, the prosecution claimed that on 28.10.2013, a police party headed by SI Naresh Kumar, received a secret information to the effect that the accused were bringing heavy quantity of poppy husk in their Honda City car, bearing registration No. HR-24J-0999. Having completed all the codal/statutory formalities and in the wake of search, 18 bags of poppy husk, containing 20 Kgs., each were recovered from the dicky and rear seat of the car of the accused. The mere fact that the car in question did not actually belong to the father of the petitioner, ipso facto, is not a ground, muchless cogent, to grant him the benefit of regular bail, as contrary urged on his behalf. The fact remains is that very direct and serious allegations are assigned that 3 quintals and 60 kilograms of poppy husk (commercial quantity) were recovered from the possession of petitioner and his co-accused in the indicated car. Meaning thereby, as commercial quantity of 3 quintals and 60 kilograms of poppy husk was recovered and the provisions of Section 37 of the NDPS Act are fully attracted, therefore, the petitioner is not entitled to the concession of regular bail in the obtaining circumstances of the case.

In the light of aforesaid reasons, taking into consideration the seriousness of the allegations of heinous & grave offence and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial of main case, the instant petition for regular bail filed by the petitioner is hereby dismissed as such.

Needless to mention that nothing observed, here-in-above, would reflect, on merits of the main case, in any manner, as the same has been so recorded for a limited purpose of deciding the present petition for regular bail only.